Law

Preventable and non-preventable accidents and the duty of care

Accidents end up in countless hospitalisations each year and the contribution of the human error factor to these numbers are undeniably large. The post-accident process might be tough for the victim as the recovery required to continue to work can take some time. During the treatment, the medical bills can be a burden on the victim’s already damaged economy. Accidents can be examined under 2 different titles. The preventable and the non-preventable accidents. Whilst the possibilities of being involved in a preventable accident can be zeroised, the severity of non-preventable accidents can be decreased significantly.

Preventable accidents in traffic

Driving vehicles require consciousness as upon reaching high speeds, the risks get higher. Motor vehicle accidents are great examples of preventable accidents as it only takes to drive responsibly to avoid being the cause of an accident. As the conclusions are foreseen, the drivers owe the duty of care to each other. Being legally obliged to follow the rules is not a simple issue in traffic. Regulations such as speed limits, warning signs and lane-usage rules are set by evaluating the possibilities upon violating the rules. This demonstrates the possibilities of having an accident after breaching the duty of care.

Preventable work accidents and the duty of care to minimise the impact of unpreventable accidents

Work accidents can damage the worker’s entire physical, mental and financial conditions. Fortunately, these possibilities can be avoided by taking reasonable care in the workplace. The duty of care is imposed on the employers to provide and sustain safety as an undeniable proportion of work accidents result from foreseeable causes.

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The safety measures should be wide enough to cover every aspect of the work. Workers’ shifts should be arranged suitable for the workers’ physical conditions. Pushing the limits of the human body almost never results in someone’s favour. The weakened muscles can be permanently damaged in the smallest impact. Workers’ entire health and safety are under the responsibility of the employer. To achieve success in workplace safety, the work environment and the conditions should be as of standards. Inordinate, dirty and inadequate work conditions pose a great risk and threaten the workers’ safety. To prevent accidents, provision of protective work equipment, an inspection of this equipment and other machinery are compulsory. Certain equipment can be fragile and require intense attention before use. A good example of this situation is the ladders used in construction sites. Due to the chemical nature of the material used, these products can get rusted or lose their capacity to resist weight.

Sometimes the risk might be in the nature of the work, but this is not a good excuse to hinder your responsibilities to provide safety. A miner can breathe coal dust without even being aware of it. These natural risk factors can be minimised by taking sufficient care. For this reason, the employer’s duty of care contains the provision of sufficient, protective, up-to-date and correct equipment. The equipment provided to workers should be sufficient because the risks of dust diseases can be decreased significantly by wearing high protection face masks. Protection is also of major importance as metal gloves and boots can protect the workers from unexpected cuts. Being suitable for the updated standards is compulsory. Outdated equipment might not serve a purpose. Providing correct equipment is a matter that is being mistaken commonly. Take the construction workers as an example. These workers cannot protect themselves from asbestosis whilst wearing regular face masks. For this reason, the equipment produced for industrial use should be equipped before being involved in such activity.

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